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1. [2012] NZEmpC 100 Maritime Union of NZ v Posts of Auckland Ltd [pdf, 39 KB]

   MARITIME UNION OF NEW ZEALAND V PORTS OF AUCKLAND LIMITED NZEmpC AK [2012] NZEmpC 100 [27 June 2012] IN THE EMPLOYMENT COURT AUCKLAND [2012] NZEmpC 100 ARC 8/12 IN THE MATTER OF proceedings removed from the Employment Relations Authority BETWEEN MARITIME UNION OF NEW ZEALAND Plaintiff AND PORTS OF AUCKLAND LIMITED Defendant Hearing: Following a telephone conference call on 26 June 2012 (Heard at Auckland) Counsel: Simon Mitchell, counsel f...

2. [2021] NZEmpC 62 Alkazaz v Enterprise IT Ltd [pdf, 162 KB]

   ...AlKazaz’s appeal rights will be rendered ineffectual. Nor do I accept that he would otherwise be prejudiced. No question of novelty or importance is raised by the proceedings which would otherwise support a stay. [4] The overall interests of justice weigh firmly in favour of the application for a stay being declined. [5] The application for a stay is dismissed. [6] A telephone conference should be convened at the earliest available opportunity to timetable the costs challe...

3. LCRO 205/2015 R and N FAMILY TRUST v EL (27 June 2019) [pdf, 314 KB]

   ...the lawyer under scrutiny applied the care or skill that any reasonable lawyer in the same position would have done.9 [45] It has been noted that lawyer competence, though pivotal to public confidence in the profession and the administration of justice, lacks any generally accepted meaning; it instead takes its flavour from the perspective of the observer.10 [46] Not surprisingly, neither the Act, nor the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (...

4. [2021] NZEmpC 139 QDA v EKD [pdf, 336 KB]

   ...what actually occurred should be characterised as a “health and safety matter” and it impacted on his ability to obtain a driving job which, for him, was a serious issue given his age. [114] Mr Williams emphasised to Mr D’s strong sense of justice and fairness, which had been challenged by the fact of the dismissal. As he had made clear in his evidence, he had been particularly concerned that the decision to dismiss him had involved consideration of factors beyond the drivin...

5. 2021-10-05 Record of Telephone Conference - PC1 [pdf, 187 KB]

   ORC PC1 – RECORD OF TC 5 OCTOBER 2021 IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI IN THE MATTER of the Resource Management Act 1991 AND of a notice of motion under section 149T(2) to decide proposed Plan Change 1 to the Regional Plan: Waste for Otago (referred to the Environment Court by the Minister for the Environment under s142(2)(b) of the Act) BETWEEN OTAGO REGIONAL COUNCIL (ENV-2020-CHC-128) Applicant Before: Environment Judge...

6. Jolen, Challenor & Ross v REAA & Challenor & Jolen [2013] NZREADT 6 [pdf, 67 KB]

   FURTHER DRAFT BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL Decision no: [2013] NZREADT 6 Ref Nos: NZREADT 69/11, 73/11 & 88/11 IN THE MATTER OF an appeal under s 111 of the Real Estate Agents Act 2008 BETWEEN WANDA (DIANA) JOLEN (69/11) CLARE BOLESWORTH AND DIETER CHALLENOR (73/11) ELAINE ROSS (88/11) Appellants AND THE REAL ESTATE AGENTS AUTHORITY First Respondent AND CLARE BOLESWORTH AND DIETER CHALLENOR (69/11) WANDA (...

7. Sherard v Devereux and others - Otakanini Māori Reservatio (Haranui Marae) (2016) 140 Taitokerau MB 60 (140 TTK 60) [pdf, 243 KB]

   ...beneficiaries. [35] Regulation 19(3) of the Regulations requires the trustees to call an annual general meeting of the beneficiaries where the trustees must: 140 Taitokerau MB 68 (a) Outline the position of the reservation, including the matters undertaken by the trustees in the preceding 12-month period; and (b) Report generally on the trustees' proposals for the administration of the reservation during the next 12-month period. [36] There is a clear argument that...

8. [2015] NZSAAA 02, (30 January 2015) [pdf, 37 KB]

   ...length of the delay. • The reasons for that delay and whether it could have been avoided. • The merits of the appellant’s substantive case. The basic principle is that such applications will only be granted where the interests of justice require it. In considering this question the most significant consideration will usually be the apparent merit or otherwise of the applicant’s substantive case. Where it appears that if the appeal were to proceed the appellant would ha...

9. [2017] NZEmpC 121 Marryatt v Silver Ridge Group Ltd (Reasons) [pdf, 241 KB]

   ...that the respondents have assets within the jurisdiction; (c) that there is a real risk that the assets will be removed from New Zealand or disposed of, dealt with, or diminished in value; and (d) that the balance of convenience and interests of justice require that the order be made. 3 See especially HCR r 32.5. 4 A Labour Inspector v Taste of Egypt Ltd [2016] NZEmpC 31 at [13]-[23]; citing Mareva Compania Naviera SA v Inter...

10. Paul-Palmer v Tohu - Te Horo 3 No 1-131 (2023) 262 Taitokerau MB 184 (262 TTK 184) [pdf, 226 KB]

    ...is a tenable combination of resolutions of the issue of law and fact on which the application could succeed. [30] I must then consider all relevant factors and decide where the balance of convenience lies. Overall, I must consider the overall justice of the case in light of the kaupapa and principles of the Act. Kōrerorero Discussion [31] Is there actual or threatened trespass or other injury to the land in question. [32] The lands which are the subject of the application had...